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Article: Incontestable Newsletter - July/August 2009.(B and B Hardware, Inc's case against Hargis Industries, Inc.)(Hotels.com L.P.)(Southern Grouts and Mortars, Inc's case against 3M Company )
- Article from:
- Mondaq Business Briefing
- Article date:
- September 13, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Civil Cases
B&B Hardware, Inc. v. Hargis Indus., Inc., 91 USPQ2d 1001 (8th Cir. June 22, 2009) By Monica Riva Talley
ABSTRACT Because the jury in a previous litigation between the parties determined only that plaintiff's mark SEALTIGHT was descriptive and had not acquired secondary meaning, the jury did not address the second element of the infringement claim, namely, whether there was a likelihood of confusion with defendant's SEALTIGHT mark. After plaintiff brought this action based on the same marks, the district court dismissed on collateral-estoppel grounds. The appeals court reversed, holding that the change in status of plaintiff's trademark ...